Introduction

The likelihood of disputes arising in the oil and gas industry is high due to the various types of contractual relationships that exist. Further, the costs of hydrocarbon exploration and exploitation is extremely high as are the value of oil and gas contracts and parties to a dispute need to have the necessary knowledge and skills to firstly avoid where possible the disputes and alternatively to manage the whole dispute resolution process in an efficient and effective manner.

This training seminar provides in-depth information on the types of disputes that can arise and the several available methods of dispute resolution, which can be consensual, adjudicative or hybrid. The training seminar further assists the participants to obtain effective skills in dispute management and conflict avoidance. Managing disputes using the most cost effective and efficient methods available would be a primary goal of the training during this training seminar.

The training seminar is designed to be highly practical and includes hands-on workshop sessions and a mock dispute demonstration. This training seminar focuses on the available institutional rules or the ad hoc procedures and the implications this choice may have on the outcome of the dispute. Taking into account cultural considerations specific to each dispute, the training seminar provides training on the choice of law, seat and venue for the arbitration.

This training seminar will highlight:

The fundamental types of disputes in the Oil and Gas Industry

The different methods of dispute resolution available

Preference for International Arbitration over Litigation

Dispute Resolution Clauses in various Oil and Gas Contracts

Conciliation, Mediation and Settlement of Disputes

Enforcement proceedings

Objectives

At the end of this training seminar, you will:

Comprehensively understand the different types of dispute resolution methods

Understand the main dispute resolution clauses in international oil and gas contracts

Know the available mechanisms to resolving international oil and gas disputes

Be aware of the approaches to conflict, management, avoidance and settlement

Be able to assess and apply the best means to resolve disputes in different potential scenarios

Training Methodology

Participants will gain greater understanding of the subject matter through presentations by an experienced international practitioner designed to both inform and broaden the perspectives of the participants. Case studies will be reviewed and discussed bearing in mind some of the realistic scenarios participants may encounter. Interactive discussions to encourage discussion of problems and possible solutions to it. Participants will view different videos on dispute resolution.

Organisational Impact

The organisation will benefit by:

Having personnel who will be well versed in international dispute resolution mechanisms

Reducing the risks of losing a litigated case by using alternative dispute resolution methods

Saving costs where possible in managing and resolving disputes

Minimising management time used to handle international disputes

Gaining a management team with an advantage over adversaries by having the best- informed team with all the necessary skill sets to deal international disputes

Personal Impact

Attendees will gain by participation in this training seminar as a result of:

Obtaining a full understanding of international resolution methods

Leaning how to avoid disputes before they become litigious

Anticipating potential claims and disputes and finding solutions to issues being raised prior to it becoming full blown disputes

Obtaining a working knowledge of the different international arbitration institutions

Knowing the benefits of ADR in resolving disputes

Who Should Attend?

This training seminar will benefit all levels of personnel involved in resolution of oil and gas disputes. It will enable a broad range of disciplines to appreciate and understand the complexities of conflict resolution in particular in the Oil and Gas industry, and how best to manage disputes in the oil and gas industry.

This training seminar is appropriate to a wide range of professionals but will greatly benefit:

Legal managers, legal counsel

Commercial and Business managers

Contracts administrators, and managers

Commercial, financial and insurance professionals

Project and General Management

Seminar Outline

DAY 1

Introduction to International Disputes in the Oil and Gas Industry

Overview of types of disputes in the Oil and Gas Industry

Contribution of the oil & gas sector to the development of arbitration

All rights reserved. Any unauthorized copying, distribution, use, dissemination, downloading, storing (in any medium), transmission, reproduction or reliance in whole or any part of this course outline is prohibited and will constitute an infringement of copyright.

All rights reserved. Any unauthorized copying, distribution, use, dissemination, downloading, storing (in any medium), transmission, reproduction or reliance in whole or any part of this course outline is prohibited and will constitute an infringement of copyright.

All rights reserved. Any unauthorized copying, distribution, use, dissemination, downloading, storing (in any medium), transmission, reproduction or reliance in whole or any part of this course outline is prohibited and will constitute an infringement of copyright.

All rights reserved. Any unauthorized copying, distribution, use, dissemination, downloading, storing (in any medium), transmission, reproduction or reliance in whole or any part of this course outline is prohibited and will constitute an infringement of copyright.

International Dispute Resolution and Arbitration in the Oil & Gas Industry

Upcoming Dates

Code

Date

Venue

Fees

CM023

18 - 22 Sep 2017

London - United Kingdom

$5,500

CM023

17 - 21 Sep 2018

London - United Kingdom

$5,500

Introduction

The likelihood of disputes arising in the oil and gas industry is high due to the various types of contractual relationships that exist. Further, the costs of hydrocarbon exploration and exploitation is extremely high as are the value of oil and gas contracts and parties to a dispute need to have the necessary knowledge and skills to firstly avoid where possible the disputes and alternatively to manage the whole dispute resolution process in an efficient and effective manner.

This training seminar provides in-depth information on the types of disputes that can arise and the several available methods of dispute resolution, which can be consensual, adjudicative or hybrid. The training seminar further assists the participants to obtain effective skills in dispute management and conflict avoidance. Managing disputes using the most cost effective and efficient methods available would be a primary goal of the training during this training seminar.

The training seminar is designed to be highly practical and includes hands-on workshop sessions and a mock dispute demonstration. This training seminar focuses on the available institutional rules or the ad hoc procedures and the implications this choice may have on the outcome of the dispute. Taking into account cultural considerations specific to each dispute, the training seminar provides training on the choice of law, seat and venue for the arbitration.

This training seminar will highlight:

The fundamental types of disputes in the Oil and Gas Industry

The different methods of dispute resolution available

Preference for International Arbitration over Litigation

Dispute Resolution Clauses in various Oil and Gas Contracts

Conciliation, Mediation and Settlement of Disputes

Enforcement proceedings

Objectives

At the end of this training seminar, you will:

Comprehensively understand the different types of dispute resolution methods

Understand the main dispute resolution clauses in international oil and gas contracts

Know the available mechanisms to resolving international oil and gas disputes

Be aware of the approaches to conflict, management, avoidance and settlement

Be able to assess and apply the best means to resolve disputes in different potential scenarios

Training Methodology

Participants will gain greater understanding of the subject matter through presentations by an experienced international practitioner designed to both inform and broaden the perspectives of the participants. Case studies will be reviewed and discussed bearing in mind some of the realistic scenarios participants may encounter. Interactive discussions to encourage discussion of problems and possible solutions to it. Participants will view different videos on dispute resolution.

Organisational Impact

The organisation will benefit by:

Having personnel who will be well versed in international dispute resolution mechanisms

Reducing the risks of losing a litigated case by using alternative dispute resolution methods

Saving costs where possible in managing and resolving disputes

Minimising management time used to handle international disputes

Gaining a management team with an advantage over adversaries by having the best- informed team with all the necessary skill sets to deal international disputes

Personal Impact

Attendees will gain by participation in this training seminar as a result of:

Obtaining a full understanding of international resolution methods

Leaning how to avoid disputes before they become litigious

Anticipating potential claims and disputes and finding solutions to issues being raised prior to it becoming full blown disputes

Obtaining a working knowledge of the different international arbitration institutions

Knowing the benefits of ADR in resolving disputes

Who Should Attend?

This training seminar will benefit all levels of personnel involved in resolution of oil and gas disputes. It will enable a broad range of disciplines to appreciate and understand the complexities of conflict resolution in particular in the Oil and Gas industry, and how best to manage disputes in the oil and gas industry.

This training seminar is appropriate to a wide range of professionals but will greatly benefit:

Legal managers, legal counsel

Commercial and Business managers

Contracts administrators, and managers

Commercial, financial and insurance professionals

Project and General Management

SEMINAR OUTLINE

DAY 1

Introduction to International Disputes in the Oil and Gas Industry

Overview of types of disputes in the Oil and Gas Industry

Contribution of the oil & gas sector to the development of arbitration

International Chamber of Commerce (ICC) International Court of Arbitration

The London Court of International Arbitration (LCIA)

The American Arbitration Association’s International Center for Dispute Resolution (AAA) / ICDR

Ad Hoc Arbitration

Arbitration under UNCITRAL Rules

DAY 2

Dispute Resolution and Arbitration Clauses in Oil and Gas Contracts

Dispute Resolution Clause in:

Acquisition Contracts

Production Sharing Contracts

Joint Operating Agreements

Service Agreements

Charter Party

Analysis of various clauses

Disputes in the Oil and Gas Sector

Disputes with host governments

Environmental claims

Shareholder value related issues

Regulatory issues

Boundary Issues

Trade restriction among others

Breach of contracts

DAY 3

Applicable Law and Dispute Resolution

Legal Framework for International Arbitration

Arbitration Agreement or Clause

Arbitration Conventions and Investment Treaties

Arbitration Procedural Rules

National Laws

National Courts

Legal Environment in which Oil and Gas Contract Operates

Constitution

Domestic law

Common law

Civil law

Islamic law

International law

Multilateral and Bilateral Treaties

Energy charter treaty

Proper law of contract

Legal Position of Conciliation and Mediation

Law of arbitration

Procedure of arbitration

Curial law of the venue of arbitration

DAY 4

Various Modes of International Dispute Resolution

Expert determination

Mediation

Conciliation

Arbitration

Ad-hoc and institutional arbitration

Venue of arbitration

Enforcement of award

Sovereign immunity and other problems of suing foreign governments

Benefits and challenges of mediation of oil and gas disputes over arbitration.

Group exercise: Understanding implied waiver of Sovereign Immunity

Group exercise: Mock arbitration & Mediation

DAY 5

Limitations of International Arbitration, Strategy, Tactics and Enforcement

Limitations of International Arbitration

Costs of arbitration,

Limited power of the arbitrators

The difficulty of bringing three or more parties before the same arbitral tribunal

Delay due to the difficulty of communication and language and inconsistency

Fees and expenses of arbitrators,

Substantial expenses depending on the weight of the dispute in question

Litigation and arbitration: Strategy, Tactics and Enforcement

Appointment of an arbitrator

Appointment of legal counsel

Making of claim and counter claim

Disclosure of documents

Witnesses and cross – examination

Injunctions and other interim orders

Enforcement Proceedings

Identifying assets

Enforcement methods

Treaties

Local laws relating to enforcement

Problems in multiparty disputes

Confirmation of final awards - the oil & gas experience

Case Study:Public Policy on enforcement of awards

Settlement of Disputes

When to consider settlement

Commencing negotiation

Documentation of settlement

Full and final settlement

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All Training Seminars delivered by GLOMACS by default are eligible for CPE Credit.